Planning and Development (Housing) and Residential Tenancies Act 2016
|
Construction of section 134 (oral hearings of appeals, referrals and applications) of Act of 2000 during specified period | ||
|
18. Section 134 of the Act of 2000 has effect during the specified period— | ||
(a) as if the following were substituted for subsection (1): | ||
“(1) (a) The Board may in its absolute discretion, hold an oral hearing of an appeal, a referral under section 5, an application under section 37E or, subject to paragraph (b), an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016. | ||
(b) Before deciding if an oral hearing for an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016 should be held, the Board— | ||
(i) shall have regard to the exceptional circumstances requiring the urgent delivery of housing as set out in the Action Plan for Housing and Homelessness, and | ||
(ii) shall only hold an oral hearing if it decides, having regard to the particular circumstances of the application, that there is a compelling case for such a hearing. | ||
(c) In paragraph (b) ‘Action Plan for Housing and Homelessness’ means the document entitled ‘Rebuilding Ireland - Action Plan for Housing and Homelessness’ published by the Government on 19 July 2016.”, | ||
(b) as if in subsection (2)(a) “, or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “section 37E” where it first occurs, | ||
(c) as if in subsection (2)(a) “or under the said section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E” where it last occurs, | ||
(d) as if in subsection (2)(c)(iii) “, or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “section 254(6) ”, | ||
(e) as if in subsection (2)(d) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E” where it first occurs, | ||
(f) as if in subsection (2)(d) there were inserted the following after subparagraph (ii): | ||
“(iii) in respect of an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016, within the period specified in a notice under section 8 of that Act within which the person may make submissions or observations to the Board in relation to the application,”, | ||
(g) as if in subsection (3)(a) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E”, and | ||
(h) as if in subsection (4)(b)(i) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E”. |